American Forest Congress 315 



in legitimate mining operations. It has in effect 

 granted rights of way across such public lands for 

 such ditches. It has provided that all patents issued 

 shall be subject to such ditches and rights of way. 

 This eminently just and wise policy seems to have 

 been suddenly abandoned in regard to those lands 

 comprised within forest reserves. Since the creation 

 of these resertes there has been, so far as I am advised, 

 no provision made by which the miner can secure the 

 grant of a right of way for his ditches and flumes, 

 without which his property may be utterly valueless. 



It is true that the act of February 15, 1901, entitled 

 ''An Act Relating to Rights of Way Through Certain 

 Parks, Reservations, and Other Public Lands," does 

 provide that the Honorable Secretary of the Interior 

 may permit the use of rights of way through the forest 

 reservations for ditches and flumes used in connection 

 with mining and other operations. But the authority 

 conferred upon the Honorable Secretary is so emascu- 

 lated by the concluding provision of this act as to leave 

 him in effect no authority to grant any substantial 

 right, but unlimited power to revoke the favors already 

 conferred. That proviso reads as follows: 'And 

 provided further that any permission given by the 

 Secretary of the Interior under the provisions of this 

 Act may be revoked by him or his successor in his 

 discretion, and shall not be held to confer any right 

 or easement or interest in, to, or over any public land, 

 reservation or park." 



I particularly call your attention to Regulations No. 

 2 and No. 1 1 promulgated by the Honorable Secretary 

 under this act. (Circular July 8, 1901). 



No. 2 reads as follows : "It is to be specially noted 

 that this act does not make a grant in the nature of 

 an easement, but authorizes a mere permission in the 

 nature of a license, revocable at any time." 



